News:
May 10, 2003
State trooper wins precedent
setting case on PTSD disability claim after killing armed bank robbery
suspect
Submitted by Allen Kates, Author of CopShock
An Arizona State Trooper has won a precedent-setting
court case that affects police officers, corrections officers,
firefighters, and other emergency services workers throughout the United
States.
On January 20, 2000, Department of Public Safety
Officer David D. Mogel killed a shotgun-toting car thief wanted for bank
robbery after the suspect attempted to shoot him.
Because of the trauma in taking a human life, Mr.
Mogel was diagnosed with Posttraumatic Stress Disorder (PTSD), and could
no longer function as a police officer. When he applied for Workers'
Compensation benefits, he was denied. The Arizona Department of Public
Safety and Workers' Compensation (State of Arizona, DOA Risk Management)
claimed that shooting suspects was part of the job, and not an
"unexpected" event as required by Arizona law.
Mr. Mogel's attorney, Robert E. Wisniewski, says,
"The state raised the defense that working in police work everyday was not
a substantial contributing cause of my client's post traumatic stress
disorder because police are exposed to such hazards everyday so that is
routine."
In her Findings and Award of December 19, 2002
awarding Mr. Mogel Workers' Compensation benefits, Administrative Law
Judge Karen Calderon states, "I find that shooting and killing another
human being in the line of duty is an extraordinary stress related to the
employment."
The implications of this decision are far-reaching.
A police officer's claim of PTSD has not won a court case in Arizona
before, and rarely succeeds in other jurisdictions. Mr. Wisniewski says,
"This case made a great difference in establishing that post traumatic
stress disorder is a cognizable claim for a police officer involved in
such a life threatening event."
If Mr. Mogel had lost his case, the decision may
have prevented not only police officers, but also corrections officers,
firefighters and other emergency workers from collecting Workers'
Compensation benefits if injured psychologically on the job.
During the trial, Allen R. Kates, author of "CopShock,
Surviving Posttraumatic Stress Disorder (PTSD)," (See
Stressline review) a police trauma/recovery book, testified as an
expert witness. Mr. Mogel's attorney says that Kates' testimony, based on
the research presented in CopShock, "was very important in helping the
Judge sort out the real issue in this case."
In his testimony, Mr. Kates gave an overview of the
effects of PTSD, and presented studies that show police shootings are rare
events that no officer, no matter how well trained, can prepare for
emotionally or psychologically.
The expert witnesses included police psychologist
Dr. Sarah Hallett, therapist Ellen Roy Day, and Mr. Kates. In awarding in
favor of Mr. Mogel, the Judge states that, "Conflicts in the evidence are
resolved in favor of the opinions of Dr. Hallett, Ms. Day and Mr. Kates as
being more probably correct and well founded."
As he is a police journalist and presents an
objective point of view, Mr. Kates does not accept payment for his expert
testimony.
This case, called "David D. Mogel vs. Department of
Public Safety and State of Arizona, DOA Risk Management," will likely be
cited in future court proceedings as a precedent in support of police
officers, corrections officers, firefighters, and EMS personnel who
sustain PTSD injuries incurred in the line of duty.
Editor's Note: Author
Allen R. Kates, BCECR, is a police journalist and trauma expert, Board
Certified in Emergency Crisis Response (BCECR) by the American Academy of
Experts In Traumatic Stress. He is trained in critical incident stress
debriefings (CISD) and suicide interventions by the International Critical
Incident Stress Foundation and by the Arizona Pima County Attorney's
Victim Witness Program. He is a member of the American Society for Law
Enforcement Training (ASLET). Kates' website is
www.copshock.com